RIZWAN ZAHEER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO
BAIL/7658/2025 · 2025-08-25
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 158181 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 158181 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7658 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Shri R.B.S. Rathaur, learned counsel for the applicant, Shri Anurag Verma, learned A.G.A.-I for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.186 of 2024, under Sections 419, 420, 467, 468, 471, 506, 120-B of I.P.C., registered at Police Station Tulsipur, District Balrampur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on28.07.2024 against 7 named persons, including the applicant and some unnamed witnesses, stating that the informant had purchased a land from its previous owners Maharaja Dharmendra Pratap Singh through his power of attorney holder Shri Anil Kumar Singh on 29.01.2001 and thereafter, the name of the informant was mutated in the revenue records on 15.032005. On 22.07.2010, when the informant got the copies of khatauni, it came to light that the lands purchased by him were recorded in name of "Bhartiya Mahila Sansthan 4/10003, Vikas Nagar, Lucknow, Chairman Rizwan Jaheer" whereas the informant had not transferred the land to anyone. At the instance of the informant, the name of Bhartiya Mahila Sansthan was scored out and the lands were recorded in the name of the informant again on 23.07.2010. 4. The F.I.R. has been lodged in furtherance of a complaint given on
09.07.2024. 5. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the Versus Counsel for Applicant(s) : Ruby Choudhary, R.B.S. Rathaur, Shashank Singh Counsel for Opposite Party(s) : G.A. Rizwan Zaheer .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko .....Opposite Party(s)
present case. The applicant's involvement in 21 other criminal cases have been shown in para 11 of the affidavit filed in support of bail application, the applicant stands acquitted in nine cases, in three cases he has been exonerated, one case which relates to Gunda Act stands closed after the expiry of the stipulated period, in five cases he has been released on bail, in one case under the Gangster Act the applicant's bail application is pending and in the rest of the cases, the application has yet to receive summon. 6.
6. The State has filed a counter affidavit opposing the bail application. The learned A.G.A.-I has vehemently opposed the bail application and has submitted that the applicant was a Member of Legislative Assembly and thereafter, a Member of Parliament. He has misused his official position for grabbing public lands as well as lands belonging to private individual. The lands of the informant were mutated in the name of the applicant without any transfer of property having been made by the owner of the land and without any proceedings having been instituted for mutation of the proceedings. He has further submitted that acquittal of the applicant in large number of cases is only because of his influence upon the victims/witnesses of those case. He has further submitted that keeping in view of the aforesaid conduct of the applicant and his long criminal history, his history sheet is being maintained and he has been identified as a Mafia at the State level. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the land in question was mutated in the name of the complainant on 15.03.2005; the complainant came to know about the mutation of the land in favour of the society on 22.07.2010 and the name of the informant was again mutated on the very appearing date i.e. on 23.07.2010; that there is no allegation that the informant had been divested of possession of land or any other rights vested thereof and the F.I.R. has been lodged on 28.07.2024, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 8. Accordingly, this bail application stands allowed. 9. Let the applicant - Rizwan Zaheer be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence;
BAIL No. 7658 of 2025 2
(ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. August 25, 2025 S. Shivhare BAIL No. 7658 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench